IN THE CASE OF:	  

		BOARD DATE:	       3 March 2009

		DOCKET NUMBER:  AR20080018128 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, Presidential Unit Citation, and the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was wounded during enemy actions on 4 November 1966, 3 January 1967, 21 March 1967, and 19 August 1967.  He contends that it is not his fault that his medical records do not show he was wounded.  He believes that he is deserving of at least one Purple Heart on his DD Form 214.  He also states that he was awarded the Combat Infantryman Badge on 4 November 1966 and that his unit received the Presidential Unit Citation after he was discharged from the military service.

3.  The applicant provides, in support of his application, copies of his DD Form 214; DD Form 215 (Correction to DD Form 214); two photographs; seven letters of support; newspaper/magazine clippings; a letter from him to his mother, dated 31 January 1967; unit movement orders; orders for the Good Conduct Medal and Driver and Mechanic Badge; and a letter from the National Personnel Records Center, dated 12 March 2007.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 9 December 1965, the applicant was inducted into the Army of the United States for 2 years.  He was assigned to Company A, 2nd Battalion, 22nd Infantry Regiment, 4th Infantry Division, Fort Lewis, Washington, where he underwent basic combat training and advanced infantry training.  Upon completion of this initial training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On or about 11 May 1966, the applicant deployed with his unit to the Republic of Vietnam.  He was assigned duty as an armored personnel carrier (APC) driver.

4.  On 5 July 1967, the applicant was reassigned to Company B, 4th Battalion, 23rd Infantry Regiment, 25th Infantry Division.  After about a month with this unit, he returned to his former unit on 7 August 1967.

5.  On or about 14 September 1967, the applicant returned to the United States.

6.  On 18 September 1967, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of specialist four, pay grade E-4, and had completed 1 year, 9 months, and 10 days of creditable active duty.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected by his DD Form 215, lists his awards as the National Defense Service Medal, Bronze Star Medal with "V" Device, Army Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Driver [and Mechanic] Badge [with T-Bar], Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It does not show award of the Purple Heart, Presidential Unit Citation, or the Combat Infantryman Badge.

8.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.

9.  The applicant’s name is not listed on the Vietnam casualty roster.
10.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.

11.  The applicant provides a copy of a letter dated 31 January 1967, that he reportedly wrote to his mother.  The letter states, in effect, that he had been wounded in the back by a piece of shrapnel that he had enclosed with the letter.  The shrapnel had been removed by the doctors 3 weeks earlier from between two of his ribs.  He asked his mother to lay the piece of shrapnel away for him as he wanted to keep it.  The letter also relates as to how he would soon be going on an 18-day mission along the Thailand border.

12.  The applicant provided a newspaper clipping [date not available] stating that he suffered an eye injury when his grease gun blew up in his face while making repairs to his tracked vehicle. 

13.  The applicant provides two photographs reportedly taken while he was in the Republic of Vietnam.  He states that they were taken on 14 November 1966 and show him with a bandaged right forearm from being wounded in action on 4 November 1966 and show him wearing the Combat Infantryman Badge.

14.  The applicant provided the following seven letters of support.

	a.  On 8 December 2006, a former Soldier of the applicant's unit wrote that while he was not present at the time the applicant was wounded, he has no reason to doubt any story told by the applicant.

	b.  On 15 January 2007, a former Soldier of the applicant's unit wrote that he was with the applicant when they were both wounded in action.  Even though the applicant was badly wounded, he managed to save the author's life and at least six other Soldiers.  He received the Bronze Star with "V" Device for his action.

	c.  On 22 January 2007, a former Soldier of the applicant's unit wrote that they were in the field at a location where napalm and Agent Orange had been dropped.

	d.  On 31 January 2007, a former Soldier of the applicant's unit wrote that when he had arrived in the unit, the applicant had been wounded earlier but was back with the unit as an APC driver.

	e.  On 9 March 2007, the applicant's former company commander wrote a letter stating that the applicant was a driver of an APC.  During many missions, the applicant drove the lead APC in company formations.  The former commander states that he knows that the applicant's APC hit land mines on at least two occasions.  He further states that his unit encountered enemy actions on nearly a daily basis and was involved in four major battles and an unknown number of smaller battles or confrontations with the enemy.  Due to those battles, the members of his unit received four bronze battle [service] stars, the Combat Infantryman Badge, the National Defense Service Medal, Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Bronze Star Unit Citation, and the Presidential Unit Citation.

	f.  In a letter posted on 16 March 2007, the applicant's former company clerk stated that the applicant was assigned to the Republic of Vietnam as a part of a massive build up of strength.  The company clerk further states that the applicant had been assigned to another organization for a short period of time during which he was wounded and hospitalized for treatment.  Upon release from the hospital, the applicant was reassigned back with the 22nd Infantry Regiment where he remained until his return to the United States.

	g.  On 8 October 2008, his wife wrote that she married the applicant in October 1968.  She reports that for many years she removed pieces of shrapnel from the applicant's back as it worked its way to the surface of his skin.  She states that the applicant has many scars on his hands, legs, back, face and arms from the shrapnel.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

17.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations), in effect at the time, specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, "the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day-to-day combat."  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry MOS and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Appendix V of this regulation provided the guidance governing award of the Combat Infantryman Badge.  Paragraph 2a stated, in effect, that MOS's "in the 11-series with the letters B, C, D, F, G, and H," are infantry MOS's.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that during the time of the applicant's assignment, the 2nd Battalion, 22nd Infantry Regiment, was cited in Department of the Army General Orders (DAGO) Number 59, dated in 1968, for award of the Presidential Unit Citation and in DAGO Number 51, dated in 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was wounded several times while serving in the Republic of Vietnam and was awarded the Combat Infantryman Badge.  He further contends that his unit received the Presidential Unit Citation.

2.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam casualty roster.  The applicant's personnel records do not contain any evidence of him being wounded or receiving medical treatment.  The letters provided by the applicant state that he was wounded and received medical treatment but there are no official records of such treatment available for review.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

3.  The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  He was awarded a Bronze Star Medal with "V" Device for heroism.  The photographs provided by the applicant show him wearing the Combat Infantryman Badge.  Furthermore, the letters of support provided by the applicant clearly state that the applicant served in active ground combat.  Therefore, his records should be corrected to show award of the Combat Infantryman Badge.

4.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation.  Therefore, his records should be corrected to show this unit award.

5.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Combat Infantryman Badge, the Presidential Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.



      ___________X______________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20080018128



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ABCMR Record of Proceedings (cont)                                         AR20080018128



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